Revolutionary War Pension and Bounty Land Warrant Application File S. 43580, John Fuller, Conn. Continental

SERVICE
NUMBER
Conn.
Fuller, John
S 43580
Continental
CONTENTS

Expt from the Roll, Aug. 5 th 1822. See letter from S. Lake, dated July 20 1822, on file in Gary Marcellus's case, Invalid, N. Y. roll.
4,626
New York Roll
John Miller
Private Connecticut line in the army of the United States during the Revolutionary War.
Inscribed on the Roll of New York at the rate of Eight Dollars per month, to commence on the 30 th of April 1818.
Certificate of Pension issued the 27 th of Novem r 1818 and sent to Samuel Lake, Batavia N.Y.
Arrears to 4th of Sept. 1818. 4 m th 4 5/30 33.33 Semi-ann. all ce ending 4 th March 1819 48.
$ 81.33
Willis
{ Revolutionary claim, } { Act 18th March, 1818. }
Over Year
Govt
Batavia N.Y.

State of New York Genesee County } ss.
On this 30 th day of April in the year One Thousand eight hundred and Eighteen. Before me the subscriber one of the Judges of the Court of Common Pleas in and for said County. Personally appears John Fuller aged Fifty eight years, Resident in the Town of Batavia in said County. who being by me first duly sworn according to law, doth on his oath make the following declaration in order to obtain the provision made by the late act of Congress entitled "An Act to provide for certain persons engaged in the land and Naval Service of the United States in the Revolutionary war." - That he the said John Fuller enlisted in the Continental Service on the 28 th day of May in the year 1777 in Captain Wills Clift's Company in the 3 d Con- necticut Regiment commanded by Col. Samuel Wyllys in Genl. Parsons' Brigade that he faithfully performed his duty untill the 13 th day of May in the year 1780 when he was honorably disch- -arged by Maj r Clift then Commandant of the 1 st Regiment. and that he is the same person who is described and named in the annexed Discharge. That he was in the service of the United States in the year 1778 in Capt Millins' Company in Col. Ward's Regiment of the State of Massachusetts. being enlisted for one year. and several short Militia campaigns

and was in the Battle of Long Island & retreated with the army from New York, and was also in the Battle at White Plains and several other small skirmishes That he is in reduced circumstances and stands in need of Assistance from his country for support That he has no other evidence, in his power, of his said services, and that he never received any pension from the United States.
Sworn and Declared before me
The 30 th day of April 1818 John C. Fuller.
James W. Stevens
Judge as aforesaid
I certify that it appears to my satisfaction that the said John Fuller did serve in the Revolutionary war as stated in the foregoing declaration against the Common Enemy, and I now transmit the testimony and proceedings had and taken before me to the Secretary for the war Department pursuant to the directions of act of Congress before mentioned. —
James W. Stevens
Judge as aforesaid

John Fuller's Inventory 127 Prop $27.94
4.626
Mar. 19
See H. H. H. & Co.
On J. L. B. Am
Sam. Lake, Esq. Batavia, N. York

At a Court of Common pleas held at the Court house in the Village of Waterloo in and for the County of Genesee in the State of New York on the ninth day of February of the term of February 1821. being a Court of Record pursuant to the forty first article of the Constitution of the State of New York which has unlimited Jurisdiction Keeps Records of its proceedings and has immemorially exercised the power of fine and imprisonment. — Present the Hon Moses Hayden Richard Smith and Ralph Parker Judges. —
Genesee County ss. on this ninth day of February 1821. personally appeared in open Court John Fuller aged Sixty one resident of the town of Elba in Leica County who being first duly sworn according to Law doth on his oath declare that he served in the Revolutionary war as follows. three Years in a Company commanded by Capt. Clift in Col. Mylly's 3 d Regiment of Connecticut the Line was discharged at Westfield New Jersey in the month of May 1780. that his declaration was made April 30 th 1818. and his Certificate was numbered 4.626. And I do solemnly swear, that I was a resident citizen of the United States, on the eighteenth day of March one thousand eight hundred and eighteen, and that I have not since that time, by gift sale, or in any manner whatever, disposed of my property or any part thereof, with intent thereby to diminish it as to bring myself within the provisions of an act of Congress entitled "An act to provide for certain persons engaged in the land and naval service of the United States in the Revolutionary war," passed on the eighteenth day of March one thousand eight hundred and eighteen, and that I have not nor has any person in trust for me any property or securities contracts or debts due to me nor have I any income other than what is contained in the schedule hereto annexed and by me subscribed.
Inventory or Schedule — Real Estate I have none.
Personal Property
  1 Old Table _____ _____ $1 00   1 Cannon Chest. _____ _____ 1 25   4 Chains _____ _____ 4 00   1 4 Gall. Pot. _____ _____ 1 00 
Carr d over. — $7 25

Brot over $7.25
  1.2 Gallon Kettle $1.75   1 1/2 do Kettle " 38   1 pair of flat Irons. 1 00   1 five Shovel 1 50   1 Pewter Platter 0 50   1 Earthen Tea pot. " 25 5 87.   2 Pewter Platters " 37.   1 Earthen Cpt Bowl " 12   6 Cups and Saucers " 37   1 Sugar Bowl " 13   1 Tea Canister " 25 3 50   2 tin Milk pans. 1 00   4. Com. Earthen plates " 50   1 Pork Barrel " 75   1 Wash tub " 50   1 Dremmel 1 50   2 Wooden pails. " 50   1 Wire Sieve " 75   1.2 Qt tin pail. " 25 6 33   1 Small trunk 2 50   4 Small plates. " 18   6 table Spoons " 50   6 tea Spoons " 25   6 Knives and forks " 75   1 Small Looking Glass. 1 00   1 Wooden Bowl " 37   1 do Tray " 37 4 99   1 3 pint pewter Basin " 50   1 Large Wheel 2 00 27 94 
I have a debt due me from James Harris of 10.40 Also a debt from Mr. Braman which I think 5.00 Doubtful.

and the defendant further says he is a farmer by occupation that he is troubled with the Rheumatism so much so that he is unable to do any hard labor of consequence that he has a wife named Mary aged sixty two years who is entirely blind with one eye and the other the sight is very imperfect and not able to do much labor, and one son aged almost twenty one years named Cyrus from whom the defendant expects no help or assistance - and that he is owing debts to the following persons -
  To Justin Ingersoll $15.00   " Peter Daw 10.00   " Jonathan Gay 10.65   " " A. H. Chandler 14.00   " Harry Caller 4.00   " Shubael Durham 2.00   " Elijah Blodgett 4.00   $59.65 
And further defendant says not.
Sworn and subscribed in open Court this ninth day of February 1821. - before me
John Fuller
S. Cummings CLK
I Simon Cummings Clerk of the Court of Common Pleas in and for the County of Genesee do hereby certify that the foregoing oath or affirmation and the schedule thereto annexed are truly copied from the Record of the said Court; And I do further certify that it is the opinion of the said Court that the total amount in value of property exhibited in the aforesaid schedule is twenty seven dollars 94 cents - In testimony whereof I have hereunto at my hand affixed the seal of the said Court on the Tenth day of February 1821 -
S. Cummings CLK

State of New York
Essex County
Thomas C. Love being duly sworn saith that in the months of August or Sep- tember 1820 as near (as to time) as this depo- nent can recollect in this deponent attend- ed a Sheriff's Sale of the personal prop- erty of John Fuller of the town of Alba in the county of Essex, on an execution in favor of Daniel Cramwell at which Sale, all the personal property of the said John Fuller was sold as this deponent vividly believes, that the particular articles of property so sold this deponent cannot now recollect but among them were Oxen cows & a pair of sheep & wheat & Hay in the barn, that this deponent who was at that time a creditor of the said John Fuller & bid in for the purpose of securing his demand a considerable part of the property on said Sale, that he afterwards sold & assigned the property he so bid off he thinks to Calvin Fuller a son of the said John and another son of the said John whose Christian name this deponent does not recollect, on their advancing to & securing to this deponent the amount of money for which this deponent bid in the same together with the debt at that time due to this deponent from the said John Fuller - & since trifling sum for trouble &c & for the health not
(13)
Sworn & subscribed this 20 th day of Dec. 1824 before me - Henry M. Campbell Justice of the peace
Thos. C. Love

DEPARTMENT OF THE INTERIOR,
BUREAU OF PENSIONS.
Washington, D. C., _____, 19____
In reply to your request of _____, received _____ for a statement of the military history of John Fuller , a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his (or his widow's) application for pen- sion on file in this Bureau. S.F. 43.580
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     1776 1 year Pvt Millen Ward Mass.   May 28 1777 May 13 1780 Wills Clift Samuel Mylly Conn.        
Battles engaged in, Long Island, White Plains Residence of soldier at enlistment, not stated Date of application for pension, Apr. 30 1818. His claim was allowed. Residence at date of application, Batavia Genesee Co. N.Y. Elias and born 1821. Age at date of application, 52 years
Remarks: In 1821 soldier referred to his wife Mary age 62 years. Children  Cyrus 21 years. In 1821 and Babran, age not stated. Only names given.
Respectfully,
Commissioner.

4,626.
New York.
John Fuller,
of _____ in the State of New York , who was a private in the _____ commanded by Captain _____ of the regiment commanded by Colonel Mylls in the Connecticut line, for the term of from _____ 17 to _____ 17
Inscribed on the Roll of New York at the rate of 8 Dollars per month, to commence on the 3 d of April 1818 .
Certificate of Pension issued the 27 th of Nov: 1818 and sent to S. Lake, Esq. Balaclava, N.Y.
Arrears to 4th of Sept 1818 $ 33 " 3. Semi-ann. all'ce ending Mar: 1819  48 " 1 $ 81 " 55
{ Revolutionary claim, Acts March 18, 1818, and May 1, 1820. }
Continued.
Examined with Orig. Rolls Sept. '83 No. 9.
This pensioner was kept from the roll on 5. Sept. 1822 after having been continued on the roll until 1 st Mar. 1820 - and was re-enrolled June 1825 - In letter to Agent Gen. Rev. P. Odorno 11 Nov. 1825.

To the Honorable John C. Calhoun Secretary at War of the United States
The Petition of John Fuller of the town of Elba in the county of Genesee and State of New York humbly Sheweth
That your Petitioner was a soldier in the revolutionary war, and by virtue of his services therein, and in pursuance of the acts of Congress his name was heretofore placed upon the Pension Roll of the United States, as by a reference to the pension file in the office of your Department it will fully appear. That in August 1822 as your Petitioner is at present informed his name was struck from the Pension Roll on the ground of an alleged fraud in procuring it to be placed there, That as your Petitioner verily believes the complaint against him resulted from motives of personal malice on the part of the complainant against your Petitioner, That your Petitioner in his original application for a Pension acted under the most unqualified and honest conviction that his cir- cumstances placed him within the provisions of the acts of Congress and entitled him to a pension; That your Petitioner was advised by legal counsel and verily believed and still believes that he was and still is entitled to a pension under and by virtue of the acts of Congress in relation to this subject. That the Inventory made by your Petitioner in his original application for a pension was perfect and true and contained a just estimate of all the property of your petition- er, in confirmation of which your Honor is referred to the affidavits hereto annexed marked A. B. That your Petitioner is in circumstances of extreme indigence, in confirmation of which your Honor is referred to the affidavits hereto annexed marked

6. D. - That your petitioner is sixty five years old, very infirm and able to labor but very little - That your petitioner has a wife sixty six years old and still more infirm having lost the sight of one eye and almost that of the other, and that she is otherwise suffering under the infirmities of age. That your petitioner has no other means of procuring a subsistence for himself and wife than his own labor and the assistance of his children who are not in affluent circumstances, but poorly able to afford your petitioner the relief absolutely necessary for his comfort.
And your petitioner would humbly pray that your Honor would be pleased to take his case into consideration - his Revolutionary services which may be found detailed truly in his original declaration now on file in the office of your Department - his age, infirmity, poverty and distress - that he is fast sinking into the grave and at best can survive but short time to enjoy the blessing of his country's gratitude. Should it be extended to him, and if not he must suffer, and that your Honor would be pleased to restore the name of your petitioner to the pension roll of the United States and order the payment thereof to him, and your petitioner as in duty bound will ever pray &c.
John Fuller

Genesee County ss On this 25th day of December 1824 State New York ss appeared before me Ethan B Allen a commissioner of the court to perform certain duties as a judge of the Supreme Court of said State John Fuller in the annexed petition mentioned and being duly sworn by me made oath that the facts set forth in said petition are substantially true according to the best of his knowledge & belief Ethan B Allen a Commissioner
NOTE: That upon Petitioner in his original

Baton Nov 17.
Home to You
Hon John C. Calhoun
Secretary of War Washington City

Patavia Nov. 16 th 1818
Sir I herewith enclose 2 pension Claims which were returned to me during the  the deficiency —
Your ob st Servt.
Sam l Lake 3
J. C. Calhoun Secretary of war

Petition of John Fuller
To Hon. J. C. Calhoun Secretary at War &c
John Lucy Officiant
June

1 1 Nassau County Is State of New York
(D.) John Secoy of the Town of Hartland in said County and State aforesaid being duly sworn Deposeth and saith that he has been well acquainted with John Fuller of the Town of Elton in the County of Genesee in the State of New York since the year of our Lord 1820 and this Deponent further states that the said John Fuller and Mary Fuller his Wife are far advanced in years and are dependent upon their children for their support being in firm by age and this Deponent Verily believes that the above named John Fuller and Mary his wife have no other means for support than the Charity of their children and Mankind being unable to labour but very little and further this Deponent Verily believes that the above named John & Mary are justly entitled to a share from their Country and this Deponent further saith and Recollecteth not
John Secoy
I certify that on the 4th day of March 1824 the above named John Secoy took and subscribed the above affidavit before me
Barnabas Hall Jr

Niagara County Clerk's Office W.
I hereby certify that Barnabas Hall Esq m whose name appears subscribed to the end of the within affidavit, was at the time of taking the said affidavit, one of the Justices of the peace in and for said County duly appointed and sworn. And that I am acquainted with the hand writing of the said Justice and verily believe the signature of Barnabas Hall appearing thereon subscribed to be the proper hand writing of the said Justice. In testimony whereof I have hereunto set my hand and affixed the seal of said County this 9 th day of December A.D. 1824.
Abiel Johnson County Clerk

Hon. Parmenio Adams Esquire House of Representatives Washington

J. Fitch, litt. ch. 23- Jan. 1825-

Batavia Jan. 6. 1825.
Narmenio Adams Esquire
Dear Sir
Herewith transmit you the Petition of John Fuller for the restoration of his name to the Pension Roll of the United States. The Petition is addressed to the Secretary at War, who I believe is the proper officer to be addressed on such subjects, if not please hand it to the proper officer. You will observe that the petition is supported in most of its parts by affidavits; and you I believe are acquainted with some of the most important facts in relation to it. You lived on the property of Fuller under and by virtue of an Execution against him in favor of Daniel Cadwell. The Judgment upon which this Execution was issued was not fraudulent or collusive. It was obtained for a trespass and assault & Battery and Fuller defended the suit to the last. Chandler and Love were his Counsel. Fuller's property was all sold on this Execution, and he was left without the necessary means of subsistence. He then applied for and obtained a pension. The complaint against him, and upon which he was struck from the pension roll, was that this Judgment was fraudulent and the sale also, under the execution fraudulent. This is utterly false, as, I should suppose, would satisfactorily appear from the affidavits accompanying the petition. The whole was a bonafide transaction. But the ungrateful malignity of the witnesses who testified on the trial of Fuller convinced the wise and immaculate Roger Sherman otherwise.
I am unwilling to engross your time with much comment, but I beg to call your attention for a moment, to the unfortunate circumstances under which Fuller was brought to his trial. It is always unfortunate for any man, and under any circumstances to be arraigned before the tribunal of his country to answer to an Indictment for a crime of such turpitude as that charged upon Fuller. But he was still more unfortunate.

The offence with which he was charged was alleged to have been committed in this county, and all the circumstances relating to it were known only to persons residing here. These circumstances, if they could have been disclosed to the court and jury before which he was tried, would have explained the alleged offence into a transaction entirely free from guilt. Fuller was tried at Utica, a distance of 160 miles from all his friends and the place where the offence was alleged to have been committed. He had not the pecuniary means of procuring, on the trial, the attendance of friends and witnesses in his behalf, and most of them were so poor as to render it impossible for them to attend, at such a distance from their homes without being paid and that in advance.
He was an obscure, infirm, old man charged with one of the blackest crimes that stain the criminal calendar of American Jurisprudence - a crime which draws down upon the perpetrator the abhorrence and indignation of an honest community. Thus situated he could have but little hope of an impartial trial, and consequent acquittal. That he was wrongfully convicted I have not the least shadow of doubt, and I believe there is not a man in the county of Genesee acquainted with the facts in the case who does not think as I do. I had a conversation, yesterday, with S.C. Sone of Buffalo, who was intimately acquainted with all the facts relating to the disposition of Fuller's property, and he told me that he had not the least doubt but Fuller was wrongfully convicted.
I wish you would do what you can, conscientiously with your other duties, to have the name of Fuller restored to the pension Roll. His circumstances require a prompt and persevering exertion in his behalf - and I can not but indulge the hope that you will attend to the business immediately - As soon as you can ascertain the decision of the Secretary on the petition I wish you would inform me what it is - Perhaps it

may be unfavorable if so please endeavor to learn the reason, and communicate the same to me Probably something more can be done to remove the objection if there should be any. At all events please give me all necessary information as soon as possible - I think it is important that the business should be accom- plished before the fourth of March, and it may be necessary for me to have further communication with you on the subject
When you left this place I put into your hands a pension claim in favor of John Snow of St. Roy, I wish you would inform me what has been done in that case - whether his name is upon the pension Roll - and if so when and where the pension is to be drawn
The Public pulse here beats strong for Jack- son. A meeting was held in this place last evening the result of which was 83. for Jackson and 13. for Adams
with great respect yours
O B Grev
Timothy Fitch
Dear Sir,
The newspapers have announced a strange publication, in the pamphlet form, on the Revelations, by A. Smyth, if it is a curiosity, as I suppose, be pleased to send it to me.
P. Adams Enquirer,
Yours respectfully Richard Smith
P.S. If the Secretary should doubt whether Mr. Allen, Dirdale and Carpenter are qualified to take affidavits please inform him what office they hold. Mr. Gray can state that Mr. Campbell who to the affidavit of Love, is a justice of the Peace -
Yours O Fitch

Genesee County, State of New York
(C) Edward Bratton of the town of Elba in the said County being duly sworn deposeth and saith that he has been personally acquainted with John Fuller of the place aforesaid ever since the year 1820, and this deponent further states that the said John Fuller and Mary his wife are far advanced in years and are dependant upon their children for their support, being infirm by old age, and as this deponent does verily believe, there is no person under any obligation by contract or otherwise, to afford the said John and Mary any assistance, and that the said John and Mary have no other means of support than the charity of their children and mankind being unable to favor but very little, and further this de- ponent saith that as he verily believes the said John and Mary are entirely destitute of property, and further this deponent verily believes that the said John is justly entitled to the assistance of his country and further saith not
Edward Bratton
Sworn & Subscribe
This 1 st day of December 1824
before me
Abiah D. Weston

Westfield N. Jersey 13 th May 1780
John Fuller of the 3 d Connecticut Regiment Having served three years three term for which he enlisted is Honourably discharged the service The Commissarys on the Road to Connecticut will please to furnish him with twelve days Provision
W. H. Major Comd d !
To all concerned

deliv. First stage provided to complete the Within own — of all the
John Fuller L. 43,580 Coin. & Misc.

Pakavia New York July 20. 1822
Sir I herewith enclose you a certificate of the Surgeons in the case of Gary Marcellus applicant for a pension as an invalid. This certificate is agreeable to the form from the War Department, but I believe it proves no more than the certificate on file with the other papers in the pension Office.
It has been several years since I forwarded this claim. I have had much trouble, and have obviated several objections to the claim , and I hope there will be no further objection to allow the claim. Mr. Tracy writes to me on the 29 th of April last, that in a conversation with the Department you was pleased to say the claim should be allowed on receiving a new certificate in proper form, and a blank certificate was sent to me for that purpose from which I have written the enclosed.
I fully approve of due caution in passing claims of this description, but I yet hope the claim will be allowed and the certificate dated so as Marcellus can receive his back pay from the time of making application or from date of the certificate on file, as I consider this certificate does not prove anything new, or any greater disability than the other one, it may be in better form.

Considering the great length of time since this claim was presented. I think you will give it an early attention
Mr. Mearall is really poor & is in great want of a little help towards his support. he can however need garden a little & in this country no man need starve -
Yours respectfully Sam. Lake
P.S. John Fuller a Rev n Pensioner who was Indicted at the U.S. Court in this County has eluded the Sheriff & made his escape. It appeared he had disposed of his property fraudulently -
I presume his name is dropped from the roll -

J. L. Edwards Esq.
Sir
I have for a number of years been acquainted with John Fuller and at the time of the sale of his prop- -ty on an Execution I was acting in the capacity of High Sheriff for the County of Greene and did in Person Levy on all the goods and Chattels of the said John Fuller which goods and Chattels were after-wards sold at Vandal by John Wilder who was my under Sheriff at the time To all which I certify on Honor
Yours with Respect
O. Adams -
Washington City Jan y 24 1825

Can't vs Fuller. New York.
How K. O. Balcomb Say of Max —
52

A letter has been received from the Rev. J. Adams dated 23 Feb. 1829. It informs me that from this Dept. to him which states that the information given to the State, that claimants had eluded the Sheriff at the seizure of his property fraudulently, was incorrect, & that E. W. Allen and H. C. Love Esq. who made affidavits as to the sale of claimants property etc. are stated by Mr. Adams as being gentlemen of high standing and respectability. States that at the time that judgment was obtained against him, he was Sheriff of the county of Genesee & a personal notice was all he received he sold the property of claimant which was sold by his deputy, as his affidavit which is filed with this states that after claimant had been tried on an indictment, the grand jury and fine & sentenced to suffer some months in the county goal, it appeared that he had been in full, and was which fills being made known to the President of the U. States, during the last session enlarged the Pres. grants him a full pardon by inserting the fine and discharging him from imprisonment.
See letter to P Adams Esq May 5. 1805

sold, that he attended the sale, and at the time of the sale he understood and believes that Fuller had no real property that could be sold or executed. That Fuller by his attorney defended his cause, which was tried by a jury of the County. That the judgment was fair and obtained without any fraud or collusion on the part of Fuller. Affidavit of John Hildreth stating that he was under sheriff in Sept 1820, and sold the personal property of John Fuller and that he believes, that Fuller had not at the time of sale any real estate.
Thomas C. Love declares under oath that in the month of August or Sept 1820 he attended the sale of Fuller's personalty. That among the articles were horses, cows, swine, sheep and such like. That he was a creditor of Fuller and bid in a considerable part of the property for the purpose of securing himself. He afterwards assigned the property so bought to two sons of Fuller, on their advancing & securing to him the amount of money for which he bid in the property. Edward Britton under oath states that he has been acquainted with Fuller & his wife since 1820. That they are far advanced in years and are dependent upon their children for support. That he verily believes that there is no person under any obligation to contract or otherwise to afford them any assistance. That they have no other means of support than the charity of their children that he believes they are entirely destitute of property. Affidavit of John Severy to the same effect as the foregoing.
New York. John Fuller, Plaintiff.
A letter was received from Sam Lake dated July 20 th 1822, wherein he states that "John Fuller a Revoly pensioner who was indicted at the U.S. Court in this County (Genesee) has eluded the Sheriff and made his escape. It appeared he had disposed of his property fraudulently." Fuller was adopted from the above.
John Fuller petitions to be restored to the Pension list, states that he believes the complaint against him resulted from motives of personal malice on the part of the complainant, that he acted under an honest conviction that his circumstances placed him within the provisions of the act of Congress, that the inventory of property made by him was perfect & true and contained a just estimate of all his property that he is very indigent, that he is 65 years of age very infirm, has a wife 66 years old & very infirm, that he has no other means of procuring a subsistence for himself & wife excepting his own labor and the assistance of his children who are not in affluent circumstances, and but poorly able to afford him relief.
Affidavit of Nathan B. Allen Esq. states that in June 1820 a judgment was docketed in the Court at Genesee Co. in favor of Daniel Goodrich against John Fuller for $4066 damages & costs. That this defendant was attorney for Goodrich. That an execution was issued & the personal property of Fuller was

John ... states that he has lived with John for a number of years and at the time of the sale of his property on an execution he was acting as High Sheriff for the County of Genesee, and did in person levy on all the goods & chattles of S d Fuller which were sold by the dep- uty Sheriff, John Wilder, see letter 2 d Feb. 1825 to Hon. P. Adams, H. Refs.

War Department, Pension Office, February 2 d 1825.
Sir,
Enclosed herewith, are several documents, in the case of John Fuller, whose name has been for some time suspended from the Pension Roll, on information received from Mr. Samuel Lake, whose letter you will find among the papers now transmitted. If you are acquainted with any facts in relation to the case, you will confer a favor on the Department by communicating the same, in order to remove the suspension, if the claimant be innocent of the charges alleged against him. There is no doubt of the fact that his property was sold as stated: the question which arises is, whether the statement of Mr. Lake be correct, or not - because if it be true, Fuller's name cannot be restored to the Pension List.
I have the honor to be very respectfully, Your Ob t Serv! J. G. Edwards
Hon. S. Adams, House of Representatives.

D. L.
Hon. J. S. Edwards
War Department Pension Office Washington City

Batavia May 30. 1825
Sir,
I have recd your favor of the 5. inst. on the subject of John Fuller's application to be restored to the Pension List. The import of this communication is certainly different from what I expected when I left Washington: and lest you might possibly have misapprehended the case or some of the circumstances relating to it, I beg leave once more to make a brief of them.
Fuller was prosecuted for an assault & Battery - Ethan B. Allen Esqr. was the attorney for the plaintiff - Thomas C. Love Esqr. was the attorney for Fuller, the defendant - After a fair trial in which Fuller defended himself to the last - Judgment was rendered against him - Execution issued and was placed in my hands - I was then Sheriff of this County & under the execution, in person, levied upon all the property, as I then did, and still do suppose, belonging to Fuller - except some few articles of household furniture, which were, by law, exempt from seizure upon execution - John Welder, one of my deputies, afterwards sold the property at public vendue to satisfy the execution -

These facts are supported by the affidavits of Mr Allen Mr Love & Mr Wilder - Three as respectable men as this country affords & two of them Mr Allen & Mr Love are attorneys of the first standing. In addition to which I have added my own testimony. If this be not sufficient to "satisfactorily account for the disposition of Fuller's property" I certainly am at a loss to ascertain what would.
In opposition to all this testimony there is the single unsupported and unauthenticated statement of Samuel Lake - a man whose standing in the age of the community is far from being upon a level with either of the gentlemen mentioned above - But even Mr Lake will never dare under the solemnity of an oath, to contradict any material fact in the statement of Messrs Allen, Love, Wilder or myself. Additional testimony might be obtained as to the facts already stated - but I can not suppose this would be of any service. Nor can I conceive what other facts it would be necessary to prove. Men who from their situations must know all about the business, have made their affidavits which are now on file in your office. I wish it might be consistent for you to reconsider your decision on

this subject & re-examine the papers, and if possible restore Fuller to the Pension List.
I am very Respectfully yr obt Servt
Parmenio, Adams
orney was the trafai

not satisfactory

Washington City Feby 23 1825
J. L. Edwards Esq.
My Sir
I herewith send you the Documents and papers you had the goodness to transmit to me in Retation to the claim of John Fuller to be Restored to a pension for Revolutionary Services
Sir you Refer me to the letter of Samuel Lake which you had the goodness to send me and on account of which it would seem as if the name of Fuller had been Stricken from the pension Rolls. To which I can only say that what we might have been the information which Mr Lake had at the time of writing his letter it was incorrect. or in other words he must have been mistaken as to the statement of Mr L when he says that it appeared that John Fuller had disposed of his property fraudulently it will appear from the affidavits of Messrs Ethan B Allen and Thomas C Love Esqrs that Mr Lake was mistaken Mr Allen is a man of high standing as an Attorney at law in Batavia, and of undoubted truth and

variety and Mr Love is equally so in the very respect, he at that time lived in Batavia Genesee County but has since removed to Buffalo now Erie County, and if we have any men in the western part of the State of New York who are to be be- lieved on oath or otherwise it is such men as Allen and Love.
Sir At the time of the judgement to which A. H. L. allude was rendered against John Fuller I was the then Sheriff of the County of Genesee in N.Y.R. and when the Execution was issued it was placed in my hands, and I went in person and made a levy on all the property of said Fuller which was not exempt by law, and at the time of the Sale of said property the said Execution was placed in the hands of John Wilder Ely who was at the time my Under Sheriff, and whose affidavit you have to the fact that he did sell said property which is not to be disputed as being founded on fact.
Then after the said John Fuller had been tried on the indictment to which Mr Love alludes in his and Fuller convicted it and fined by the Court, and also sentenced to imprisonment in the County Jail for a term of time it appeared that he had been wrong- fully accused, which facts being made known to the President of the U States during the last Session of Congress the President granted to Fuller a full pardon by Remitting the fine

and discharging from Prison
To all which facts I do hereby certify on my honor
Respectfully you Abt. Hub- burt P. Adams
J. L. Edwards, Esq.

Genesee County ss Abel White being duly sworn upon the holy Evangelist of Almighty God saith that he lives a neighbor to John Fuller mentioned in the foregoing affidavit and has known him for more than one year past and knows him to be an industrious sober upright good citizen in very low circumstances and is in need of assistance from his country for support. and further saith not.
Abel White Sworn and Subscribed this 4 th day November 1878 before me Elijah Hawley Judge of Genesee Com. Pleas
State of New York } County of Genesee } ss I Elijah Hawley Enjoins a Judge of the Court of Common Pleas in and for the County of Genesee do hereby Certify to the Honorable Secretary of War of the United States that the said John Fuller named in the above affidavit is the same John Fuller mentioned in the foregoing affidavit and it ap- pears to my entire satisfaction that he is entitled to the benefits of the act of the Congress of the United States passed March 18 th 1878 entitled "an act to provide for certain persons engaged in the Land and Naval Service of the United States in the Revolutionary War" that he is in reduced circumstances & in need of assistance from his country for support Elijah Hawley

State of New York Genesee County ss. I Simon Jennings Clerk of the County aforesaid do certify that Elijah Hawley is a Judge of the Court of Common Pleas in and for said County acting under the authority of this State and that the name subscribed to the within affidavit and certificate is his signature - In Testimony whereof I have hereunto Set my hand and County Seal at Batavia the 14 th day of November A D 1818 D. Jennings

J. Suller
Correct
Admitted

State of New York } Genesee County } B. I Simon Cummings Clerk of the County aforesaid do hereby certify that James W. Stevens before whom the foregoing Affidavit was made is a Judge of the Court of Common Pleas for said County acting under the authority of this State, and that the foregoing is his signature — In testimony whereof I have hereunto set my hand & County Seal the 4 th of May 1818
S. Cummings

To the Secretary of War
Sir please forward my pension certificate to Samuel Lake of Batavia N.Y. —
Your obedt. Servt.

Genesee County State of New York
(A.) John Wilder of the town of Warsaw in the said county being duly sworn deposeth and saith that in September 1820 he was under Sheriff of the county of Genesee aforesaid, and that he this deponent as such under Sheriff, under and by virtue of an execution issued out of the court of common Pleas of the said county in favor of Daniel Badwell and against John Fuller of the town of Elba in said county, sold, as this deponent verily believes all the personal property of the said John Fuller except some few articles of household furniture and such as were by the laws of the said State exempt from execution, and further this deponent verily believes that at the time of selling the personal property of the said John Fuller, aforesaid, he the said John Fuller had no real estate whatever, and further saith not-
Subscribed & sworn to this 30 th day of Nov r 1824. Before me
John Wilder
C. Carpenter Not. Public

Genesee County } State of New York } Ethan B. Allen being duly sworn deposeth and saith that heretofore, to wit on the 21. day of June 1820 a Judg- ment was docketed in the court of common Pleas in and for said county in favor of Daniel Cadwell against John Fuller (E.) of the town of Elba in said county for forty dollars and sixty six cents damages and costs - That he this deponent was the attorney for the said Daniel Cadwell and prosecu- ted the suit upon which the said Judgment was obtained against the said John Fuller - that he this deponent thereupon issued an execution in the said cause - that he this deponent understood and believes that the personal property of the said John Fuller on the most part thereof was sold on said execution - that he this deponent attended the sale - that at the time of the said sale, as this deponent understood and believes the said John Fuller had no real estate that could be sold on execution - that the said John Fuller by his attorney defended the said cause which was tried by a jury of the country - That the said judg- ment was a fair and bona fide Judgment and obtained without any fraud or collusion on the part of the said John Fuller - that the said John Fuller above named is the same person named in the foregoing petition, and further saith not
Sworn & subscribed this 13. day of January 1825 before me,
Ethan B. Allen
Did all for the cause in & for the County of Genesee

J. L. Edwards, Esq.
Sir
I here with send you the Petition of John Fuller as also other papers in support of his claim to be Restored to a Pension for services rendered in the Revolutionary war - I think his claim a good one -
Please to inform me as to the Result of the Examination and order
Yours &c
O. Adams
Washington City Jan y . 11 24 1825

171.5 Patent Office, Washington, D.C.
Nov. 26, 1921.
Hon. Com. of Pensions:
Please send me all the data you have in your Office concerning John Fuller , a Revolutionary War soldier , serving in the 3rd Conn. Regiment from 1777-1780 (File S. 435-80) living in 1821 in Genesee Co., N.Y.
Respectfully,
Luther Fuller, Room 202, Patent Office

Rev Sec Worcester - N. Y. H Nov. 22 - 1915
Department of Pensions:
Washington, D. C.
Will you kindly send me the record of one John Fuller, who served in the Revolutionary War from Conn. Pomfret or Brooklyn Parish, Windham Co. and who at one time lived at or near New London, but in 1818 moved to New York State and received a pension from the latter state.
Yours truly -
(Mrs) M. H. Nichols Worcester
Otsego Co. N. Y.

43580
Rev
INVALID.
File No.
43,580
John Fuller Pri Rev Law
Act: 18 March 18 th
Index:—Vol. 8, Page 184
[Arrangement of 1870.]
1915. Nov. 29: History to Mrs. M. H. Nichols. M. 13.4
1921 Dec. 10 Hist. to Luther Fuller
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